What is the voluntary dismissal of a case or claim without prejudice called?

Study for the New York State Court Assistant Legal Terminology Test. Utilize flashcards and multiple-choice questions, each complete with hints and explanations. Get ready for your exam!

Multiple Choice

What is the voluntary dismissal of a case or claim without prejudice called?

Explanation:
Voluntary dismissal is the act of the plaintiff ending the case on their own, before the court rules on the merits. When this dismissal is without prejudice, it ends the current action but leaves open the possibility to sue again on the same claim in the future. The other terms describe different outcomes: dismissal with prejudice closes the case permanently on the merits and bars refiling; a stipulation is just the parties’ agreement to end the case (which can be with or without prejudice depending on the terms); and judgment by default happens when the defendant fails to respond or appear, leading to a court judgment against them.

Voluntary dismissal is the act of the plaintiff ending the case on their own, before the court rules on the merits. When this dismissal is without prejudice, it ends the current action but leaves open the possibility to sue again on the same claim in the future. The other terms describe different outcomes: dismissal with prejudice closes the case permanently on the merits and bars refiling; a stipulation is just the parties’ agreement to end the case (which can be with or without prejudice depending on the terms); and judgment by default happens when the defendant fails to respond or appear, leading to a court judgment against them.

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